Accelerated Permitting: What Developers Need to Know About the Department of the Interior’s New Mandates
April 30, 2025
Personnel is policy is an oft used phrase within the beltway. Politics aside, a crystal-clear understanding of that phrase can be defined simply by comparing the prior administration to the current one.
All one needs to do is quickly read President Trump’s declaration of a National Energy Emergency which was signed back in January 2025. Numerous discretionary actions have taken place directly impacting infrastructure, funding, and regulatory dynamics with the government and commercial markets.
The most recent of which is the Department of the Interior’s announced plan to implement “emergency permitting procedures” for the development of all natural resources. According to the announcement, the Administration is desiring to “expedite the review and approval… of projects related to the identification, leasing, siting, production, transportation, refining, or generation of energy…”
The goal is to reduce permitting to a mere 28 days.
Under the declaration of emergency, the Secretary of Interior has broad discretion to implement this mandate of acceleration. However, a developer must still consider the National Environmental Policy Act, Endangered Species Act, among others as well as the Fixing America’s Surface Transportation Act of 2015 (so called “FAST-41”). As part of its plan for expedited permitting, the DOI has stated its intent to use the emergency protocols for all related federal rules and regulations.
DOI’s announcement also comes on the heels of the Department of Energy’s plan for rapid construction of AI infrastructure.
All developers potentially impacted by these and other recent mandates of the current Administration should learn how these mandates could lead to significant changes to the regulatory landscape and business plans.
The energy team at Eckert Seamans has extensive experience across the industry including in traditional energy channels, power generation, and technology sectors, working with various stakeholders both domestically and internationally. Our team has managed legal affairs and negotiated transactions for clients. Our team’s experience and knowledge includes attorneys who have directed policy and managed the Department of the Interior’s energy portfolio, collaborating with federal agencies, Congress, industry stakeholders, and U.S. Department of Energy, and state regulatory offices.
Click here to view a downloadable PDF of the legal update.
This Energy Update is intended to keep readers current on developments in the law. It is not intended to be legal advice. If you have any questions, please contact Vincent DeVito at 202.659.6629 or vdevito@eckertseamans.com, Erin King Sweeney at 914.949.2909 or esweeney@eckertseamans.com; Constantine Politis at 202.659.6606 or cpolitis@eckertseamans.com, or any other attorney at Eckert Seamans with whom you have been working.
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